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New BUI (Operating a Vessel Under the Influence) penalties arrive just in time for SeaFair!

Posted by Nathan Webb on Jul 30, 2013 | 0 Comments

SeaFair boat operators, watch out!  The legislature enacted stiffer penalties for Operating a Vessel Under the Influence, what is commonly referred to as a BUI (Boating Under the Influence).  The new changes became effective July 28, 2013, in an obvious attempt to start enforcing the statute during SeaFair coming up this weekend.  Be very careful having anything to drink while standing anywhere near the wheel of a boat, these law enforcement officers are vigilant and will stop boats for the slightest infraction or just board to ensure the proper number of life jackets are on board.

One noteworthy change is that previously no one who operated a vessel was deemed to have given consent to participate in a breath or blood test if arrested on suspicion of BUI, but the legislature has now changed that presumption.  Now, if a boater arrested for BUI refuses a breath or blood test, he or she is subject to a civil penalty of up to $1,000.  Unlike a DUI, a refusal cannot be used against you in a criminal trial, but the individual is subjected to the civil penalty.

Your best bet is to refrain from drinking and operating the boat, but if you or someone you know is in that situation, it is best to refuse all field sobriety tests and, if arrested, consult with an attorney prior to the administration of a breath or blood test.

Here is the link to the applicable statute: http://apps.leg.wa.gov/rcw/default.aspx?cite=79A.60.040.

Contact Nate Webb (425) 398-4323 if you have any questions about a BUI arrest.

About the Author

Nathan Webb

Nathan "Nate" Webb has been repeatedly recognized by Washington Law and Politics Magazine as a Super Lawyer Rising Star, named one of Seattle's Top Attorneys by Seattle Met Magazine and is rated Superb (perfect 10 out of 10) by Avvo.com.

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Nathan Webb, Attorney at Law

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Nathan Webb is a Superb-rated Seattle Attorney by Avvo.com and has been repeatedly named a SuperLawyer Rising Star and recognized as a "Top Attorney" in Washington State by Seattle Met Magazine. He helps people with Auto Accident Injury claims, Social Security Disability Claims, DUI charges and civil traffic offenses throughout the Greater Seattle Metro Area

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Mr. Webb offers a free confidential initial consultation to discuss your case and review your options and rights. Contact Mr. Webb today to schedule your meeting.